§667-17 Attorney affirmation in judicial foreclosure.

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§667-17 Attorney affirmation in judicial foreclosure. Any attorney who files on behalf of a mortgagee seeking to foreclose on a residential property under this part shall sign and submit an affirmation that the attorney has verified the accuracy of the documents submitted, under penalty of perjury and subject to applicable rules of professional conduct. The affirmation shall be filed with the court at the time that the action is commenced and shall be in substantially the following form:

" _____CIRCUIT COURT OF THE STATE OF HAWAII

_______________________________________________

Plaintiff,

AFFIRMATION

Defendant(s)

Mortgaged Premises:

_____________________

______________________________________________

Note: During and after August 2010, numerous and widespread insufficiencies

in foreclosure filings in various courts around the nation were reported by major

mortgage lenders and other authorities, including failure to review documents

and files to establish standing and other foreclosure requisites; filing of notarized

affidavits that falsely attest to such review and to other critical facts in the

foreclosure process; and “robosignature” of documents.

* * *

[____________], Esq., pursuant to Hawaii Revised Statutes §667-17 and under the penalties of perjury, affirms as follows:

1. I am an attorney at law duly licensed to practice in the State of Hawaii and am affiliated with the Law Firm of __________________, the attorneys of record for Plaintiff in the above-captioned mortgage foreclosure action. As such, I am fully aware of the underlying action, as well as the proceedings had herein.

2. On [date], I communicated with the following representative or representatives of Plaintiff, who informed me that he/she/they

(a)personally reviewed plaintiff's documents and records relating to this case for factual accuracy; and

(b)confirmed the factual accuracy of the allegations set forth in the Complaint and any supporting affidavits or affirmations filed with the Court, as well as the accuracy of the notarizations contained in the supporting documents filed therewith.

Name Title

______________________________ ________________________

3. Based upon my communication with [persons specified in item 2], as well as upon my own inspection and other reasonable inquiry under the circumstances, I affirm that, to the best of my knowledge, information, and belief, the Summons, Complaint, and other papers filed or submitted to the Court in this matter contain no false statements of fact or law and that plaintiff has legal standing to bring this foreclosure action. I understand my continuing obligation to amend this Affirmation in light of newly discovered material facts following its filing.

4. I am aware of my obligations under Hawaii Rules of Professional Conduct.

____________________________________

DATED:

N.B.: Counsel may augment this affirmation to provide explanatory details,

and may file supplemental affirmations or affidavits for the same purpose. "

[ L 2012, c 182, pt of §3( 3 ), §69(1) ; am L 2014, c 37, §1 ]

Note

Repeal on July 1, 2017, by L 2012, c 182, §69(1)(A), as shown in the main volume, deleted by L 2017, c 158, §1.